Vogel
Vogel v. Winchell's Donut Houses Operating Co.
Opinion
Lead Opinion
Ronaldlew, J.
ORDER re: Defendant’s Motion for Summary Judgment, or, in the Alternative, Summary Adjudication [32]
Currently'before the Court is Defendant Winehell’s Donut Houses Operating Company, LP (“Defendant”) Motion for Summary Judgment, or, in the Alternative, Summary Adjudication (“Motion”) [32] as to all claims in the Complaint. Having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS: the Court GRANTS Defendant’s Motion.
I. BACKGROUND
A. Factual Background
Plaintiff Martin Vogel (“Plaintiff’) is a “physically disabled” T-3 paraplegic who requires the use of a wheelchair when traveling in pubjic. Compl. ¶ 8, ECF No. 1. Defendant owns, operates, and/or leases a Pizza Hut Restaurant in Norwalk, California (the “Restaurant”). Id. at ¶ 2.
Plaintiff visited the Restaurant on January 3, 2016. Deck of Martin Vogel (“Vogel Decl.”) ¶ 2, ECF No 33-1. Plaintiff alleges that both the Restaurant’s disabled parking space and the access aisle are too steep, mainly due to an encroaching built-up ramp. Compl. ¶ 10. Because the parking space and access aisle are not level, Plaintiff cannot easily transfer from a vehicle because his wheelchair rolls,…